ACLU rejoices!!!! Five Sept. 11 Suspects to Face Trial in New York

New York case may force the court system to confront difficult legal issues surrounding counterterrorism programs begun after the 2001 attacks, including the harsh interrogation techniques once used on some of the suspects while in CIA custody.

Self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed and four other Guantanamo Bay detainees will be sent to New York to face trial in a civilian federal court, an Obama administration official said Friday.

Attorney General Eric Holder plans to announce the decision later in the morning.

President Obama, speaking in Tokyo, said he will insist that Mohammed be subject to "the most exacting demands of justice" and called the move both a prosecutorial and a national security decision.

"I'm absolutely convinced that Khalid Sheik Mohammad will be subject to the most exacting demands of justice. The American people insist on it. My administration will insist on it," he said.

Bringing such notorious suspects to U.S. soil to face trial is a key step in Obama's plan to close the terror suspect detention center at Guantanamo Bay, Cuba. Obama initially planned to close the detention center by Jan. 22, but the administration is no longer expected to meet that deadline.

It is also a major legal and political test of Obama's overall approach to terrorism. If the case suffers legal setbacks, the administration will face second-guessing from those who never wanted it in a civilian courtroom. And if lawmakers get upset about notorious terrorists being brought to their home regions, they may fight back against other parts of Obama's agenda.

The New York case may also force the court system to confront a host of difficult legal issues surrounding counterterrorism programs begun after the 2001 attacks, including the harsh interrogation techniques once used on some of the suspects while in CIA custody. The most severe method -- waterboarding, or simulated drowning -- was used on Mohammed 183 times in 2003, before the practice was banned.

Holder will also announce that a major suspect in the bombing of the USS Cole, Abd al-Rahim al-Nashiri, will face justice before a military commission, as will a handful of other detainees to be identified at the same announcement, the official said.

It was not immediately clear where commission-bound detainees like al-Nashiri might be sent, but a military brig in South Carolina has been high on the list of considered sites.